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maks (SE)     16 February 2014

Rcr dismissed, need help in next step

I filed RCR and received 498A and DVC cases as counter blasts. Got bail to all family members and started fighting legally. Almost every one complemented as RCR has helped us in getting AB in 498A and did a good job.

As opponent requested HC to transfer RCR to their native, we filed counter, and HC ordered to move to a neutral place and also ordered to pay my wife 2000 on every hearing when she attend. Then after I never checked the status of RCR as I don't want to pay and also I don't have that financial capability as well. Now it’s been 2+ years of marriage and separated as well, I want to apply for divorce and the other party is not ready for MCD, still demanding a big figure. Last week I went and checked the status in the lower court in neutral place, and the status is "DISMISSED FOR DEFAULT ...”.

In DVC cross examination started, PW1 (my wife) is completed, PW2 (F-I-Law) has expired, PW4 & PW5 will be examined shortly, no idea why they skipped PW3 (my M-I-Law). There were contradictions between the statements filed in complaints DVC, 498A and what PW1 has said before the magistrate. In 498A there is no progress, only date is changing.

Now I need suggestion from the LCI for below, Please help.

  1. At this stage shall I request to reopen the RCR and get it into force and after receiving the court orders I shall apply for divorce?
  2. Or, shall I apply for divorce directly without bothering about RCR?
  3. Does getting RCR back into force helps in any mean either in 498A or in DVC cases?

 Thanks In Advance.


 1 Replies

cyberlawyer (barrister)     16 February 2014

IMO, you will definitely have to file restoration application in RCR because that helped you to get bail. Now if you ignore RCR and file divorce, it will give an impression that you have filed RCR just for name sake and thats why you have defaulted in not contesting the case after you got bail. 

Family law specialists may advice you more on this.

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